Reference no: EM132376730 , Length: word count : 1000

Assignment

Objective

To provide you with an opportunity to show you have the required knowledge for this unit.

Task 2 – Performance and Skills Assessment

SCENARIO 1

Zoe is a young freelance writer. She has her own company called Business Zingers Pty Ltd. Currently she is the only employee of the company, but her plan is for future growth and a small staff of other writers and editors.

Zoe is interested in developing her profile as an online blogger and author of business articles. She hopes to attract advertising and sponsorship as income sources. She has written several articles on her blog and for her own website, but she is unsure of how to protect herself from infringement. Zoe also licences articles for use by other websites for payment. In these cases, she remains the owner and accredited author, but she licences the publication of her articles on specified third-party websites for a limited period of up to 12 months, along with several other terms and conditions. She is considering creating a unique logo to identify her brand and stand apart from the competition.

1. Zoe plans to trademark her logo. There are instances when a trademark cannot be registered. Explain what Zoe needs to consider so she can ensure that the trademark can be registered. Length: 100 words

2. What are 3 key obligations relating to the registration of a trademark to her organisation? Consider the Trade Marks Act 1995. Length: 40 words

3. Provide at least two methods that can Zoe can use to protect her trademark online? Length: 20 words

4. How would Zoe apply a copyright notice to the creative work? Length: 50 words

5. What would Zoe do to identify existing or potential trademarks? Length: 10 words

6. How would Zoe benefit from registering her trademark? Length: 80 words

7. In order to assist Zoe, calculate the cost of applying for a series trademark with a pick-list that covers two classes. Use the IP Australia website to find the most current fees.

8. To ensure that Zoe selects a trademark with commercial potential, describe 3 factors must she consider when recommending a trademark? Justify your answer. Length: 30 words

SCENARIO 2

You work as a publisher in an Australian publishing house. An important part of your business r the protection of brands and business identity/trademarks for your writers and your business. You need to be fully informed and to have good sources of published guidelines and/or advice These materials must be relevant to Australia.

You need to find out more about these guidelines. Conduct your own research, using the internet and other sources to answer the following questions.

9. What industry bodies/organisations would you source for advice regarding protection of trademarks and business identity? Name two and provide links to their websites.

10. As a publisher in Australia, who are 3 external people that you would regularly collaborate with regarding Intellectual property matters? Length: 20 words

11. Describe the roles and responsibilities of two of the IP Professionals you listed in Question 10. Length: 20-30 words

12. Which database would you be checking for a trademark that you wish to create? Length: 20 words

13. You have decided to lodge a trademark application for a suitable brand you identified in Question 4. Complete the following:

a. Write a summary of the processes you would need to complete and relevant information required. Length: 100 words

b. Begin the process of applying for a trademark. Using the IP Australia Trade Mark Assist service, go through steps 1 to 3. Enter relevant details into your application. Take a screenshot of each step and include a screen shot of steps 1, 2 & 3 in the space below.

14. You hired Samantha as a junior copy editor. You want Samantha to be familiar with and comply with the laws relating to trademarks. Explain the legal framework that can be used to register a trademark internationally for Samantha. Length: 30 words

15. Where do you store documentation to track trademark requirements? Length: 20 words

Scenario 3

You are a graphic designer and have been engaged by Good Design Pty Ltd to design a new branding package for a healthy sports drink. This includes related advertisement artwork, new bottle design, labelling and logo design for their trademark.

The market leader at the current time is Gatorade®. The client has stipulated that they want something sufficiently similar to Gatorade® in look and image, to be seen as a direct competitor, but they want a fresh, more ‘edgy’ look. However, they do like the colours which Gatorade® have used and want to know if they can use the same colours.

They are relying on your advice and expertise to identify the trademark and use it properly.

As a part of the design brief you have been supplied with an ‘inspiration package’ of research, references and resources materials (see Appendix A). It includes the following:

1. A link to sporting pictures on the internet that the customer likes for promotional material.

2. You are also given some copy for the advertisement and the bottle label, but there is no source identified in the text.

3. You have been given reference images for the bottle and example labelling, but there is no evidence of which companies those designs belong to.

You have been given some logo examples as a reference. You were told to ‘alter’ them for the sake of the trademark branding, but you haven’t been told where the logos come from.

16. You firstly want to develop and document a trademarks procedure Good Design Pty Ltd. List 6 steps or actions that should be included. Length: 30 words

17. How can you review the organisation’s policies and procedures to ensure that their trademark is respected locally and internationally? Length: 30 words

18. What are two examples of authorised agreements that Good Design Pty Ltd can develop to be able to use other’s trademarks? List at least two. Length: 10 words

19. Name two potential benefits of a co-branding agreement to Good Design Pty Ltd. Length: 10 words

20. What is the potential infringement of trademark regulations in this scenario? Explain your reasons. Length: 30 words

21. What are some three possible processes that Gatorade can employ to detect trademark infringement? Length: 10 words

22. Give an example of at least two measures that can be taken to protect trademarks against infringement? Length: 10 words

23. What procedures would you suggest that Gatorade needs to put in place to maintain their trademark? Length: 30 words

24. What advice might be relevant to employees of Good Design Pty Ltd about the legal and economic implications of trademark infringement? How would you communicate this? Length: 20 words

25. If there are any infringements to Good Design’s trademarks:

a. Recommend two things that personnel should do when potential infringements of the organisation's trademark may require further action. Length: 20 words

b. Describe 3 ways to raise awareness with your staff on the protection and use of trademarks?

26. How would you monitor organisational use of others' trademark material to reduce the risk of infringement? Length: 30 words

27. How might you take action to minimise damage if infringement of others' copyright material occurs? Length: 30 words

28. Find the terms and conditions page on the Gatorade website. Refer to the section on intellectual property and complete the following.

a. Under what circumstances can material from the site be downloaded and used?

b. Explain what the site states about trademarks.

29. Write a summary of how you would create and maintain documentation in relation to copyright agreements where established. Length: 30 words (3.7)